mineral titles guidelines

7/28/2019 Mineral Titles Guidelines

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Guidelines For

Mineral TitlesApplication

NIGERIA MINING CADASTRE OFFICE


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MINING CADASTRE OFFICE

GUIDELINE FOR MINERAL

TITLE APPLICATION


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Contact:

Nigeria Mining Cadastre OfficeNo. 37 Lobito Crescent, Wuse II, Abuja

Phone: +234 8164101937,

Email:[email protected]

Website: www.miningcadastre.gov.ng


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1. INTRODUCTION

The Nigeria Mining Cadastre Office has exclusive

responsibility to administer mineral titles in

accordance with the following statutoryguidelines:

i. Consider applications for mineral titles

and permits, issue, suspend and upon

written approval of the Minister, revoke

any mineral title;

ii. Receive and dispose of applica-tions for

the transfer, renewal, modification,

relinquishment of mineral titles or

extension of areas;

iii. Maintain a chronological record of all

applications for mineral titles in a Priority

Register which is to be specifically used to

ascertain the priority and registration of

applications for exclusive rights or vacant

areas;


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iv. Maintain a general register which is to beused for all other types of applications

where registration of the priority is not

required;

v. Under take such other activit ies

reasonably necessary for the purpose of

carrying out its duties and responsib-

ilities under the provisions of the Nigerian

Minerals and Mining Act, 2007.

2. TYPES OF MINERAL TITLES

In line with section 46 of the Nigerian Mineralsand Mining Act, 2007, the right to search for, or

exploit minerals in Nigeria, is governed by one of

the following mineral titles:

?Reconnaissance Permit

?Exploration Licence

?Small Scale Mining Lease


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?

?Quarry Lease

?Water Use Permit

2.1 Reconnaissance Permit

(Section 47, 57 and 58 of NMMA, 2007)

The Mining Cadastre Office, shall within 30 days

of the receipt of application of any qualifiedapplicant and upon the payment of the

prescr ibed fees , g rant and i ssue a

Reconnaissance Permit to search for minerals.

The permit enables the holder to carry out

reconnaissance on non-exclusive basis. The

holder of a Reconnaissance Permit is not to

engage in drilling, excavation or other sub-surfacetechniques, and must conduct activities in an

environmentally and socially responsible manner

and compensate for any damage to crops or

Mining Lease


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property in the course of prospecting. The permit

is issued for one year and it is not transferable, but

renewable annually as further spelt out in

sections 57 and 58 of the Nigeria Minerals and

Mining Act, 2007 and the Mining Regulation

2011.

2.2 Exploration Licence(Section 48 and 59 of NMMA, 2007)

The Nigeria Mining Cadastre Office, on receipt of

a valid application, is obliged by the law to grant

and issue an Exploration Licence within 30 days.

A licence will not be granted over any land that is

subject of an existing Exploration Licence, Mining

Lease, Small Scale Mining Lease, Quarry Lease orclosed to prospecting/mining activity (e.g. forest

reserves, mi l i tary areas, government

development areas, national heritage area etc).


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The duration of an Exploration Licence is three (3)years, provided that title holder has complied with

minimum work commitment/programme and all

other legal requirements. The area of land

covered by an Exploration Licence shall not

2exceed 200Km i.e. 930 CUs.

2.3 Small Scale Mining Lease(Section 49 of NMMA, 2007)

The Mining Cadastre Office, on receipt of a valid

application, grant and issue a Small Scale Mining

Lease (SSML) within 45 days. A SSML shall not be

granted in respect of any area within an

exploration licence area, mining lease area or

quarry lease area to any person except the holderof an exploration licence, quarry lease or mining

lease covering the area. The duration of a SSML is

five (5) years and is renewable for further periods


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of five years provided that the minimum workobligations have been met. The area of land for a

2SSML shall not exceed 3Km . When the level of

operations of a Small Scale Mining Lease exceeds

any of the criteria established in definition of

SSML, the holder shall convert such a lease into

mining lease by submitting a written application

to the MCO.

2.4 Mining Lease

(Section 50 of the NMMA, 2007)

The Mining Cadastre Office, on receipt of a valid

application, grant and issue a Mining Lease within

45 days of the application. The duration of a

Mining Lease is 25 years, renewable every 20

years, provided that the holder has complied with

minimum work commitments and that all other

legal and regulatory requirements have been met.


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2.6 Water Use Permit(Section 52 of the NMMA, 2007)

The area of land in respect of which any water use

permit (WUP) is granted shall not exceed the area

reasonably required for the purpose of the permit

as defined in the regulation. A WUP will remain in

force as long as the mining lease, SSML, or quarry

lease for which the water use permit was grantedremains valid.

3.0. REQUIREMENTS FOR APPLICATION

FOR MINERAL TITLES

The requirements for application for various

mineral titles are as stated below:

3.1 Mining Leases

(a) Pre grant conditions

* Duly completed application forms


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* Notice to land owner (private or stateland) with a response on rate to be

paid, (section 102).

(b) Pre-Development conditions (Post-

grant)

* EIA-Environmental Impact Ass-

essment - (section 119)

* CDA-Co mmun ity Deve lopmen t

Agreement - (section 116)

* Compensation -(section 107)

* Closure plans/Rehabilitation plan -

(section 61)

* Reports from state bodies/ MIREMCO

3.2 Quarry Leases/Small Scale Mining

Leases

a) Pre grant conditions



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* Pre-Feasibility Report* Evidence of Financial capabilities -

(section 54 of the NMMA)

* Evidence of Technical capabilities (CV

of Technical Person(s) (Section 54 of

the NMMA)

* Consent from land owners/land

occupiers-(section 100 of the NMMA)

* Attestation of no conviction of

criminal offences under the Act


* Certified true copy of certificate of

incorporation

* Evidence of payment of fees and rents

* Area specified to be surveyed in

accordance with provisions of Survey

* Coordination Act - (section 79 of the

NMMA)


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* Notice to land owner (private or stateland) with a response on rate to be

paid - (section 102 of the NMMA)

* Mineral/s to be exploited - (section 64

of the NMMA)

(b) Pre-Development conditions (Post

Grant)


essment - (section 119)

* CDA-Co mmuni ty Deve lo pment

Agreement - (section 116)* Compensation (section 107)

* Submit closure plan/rehabilitation

plan - (section 61)


3.3 Exploration Licence

(a) Pre-grant conditions


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* Duly completed application forms* Minimum work programme (De-

tailed)

* Evidence of financial capabilities


* Evidence of technical competence


* Consent from land owners/land

occupiers-(section 100 of the NMMA)

* Attestation of non conviction of


* Certified true copy of certificate ofincorporation

* Evidence of payment of fees and rents

* Minerals to be explored (section 64 of

the NMMA)

(b) Pre-Development conditions (Post grant)


essment (section 119 of the NMMA)


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* Compensation* Closure plan/rehabilitation plan


3.4 Reconnaissance Permit

(a) Pre grant conditions


* Description of the work area and the

activities to be carried out

* Attestation of non conviction of


* Receipt of payment of the application

fee

* Evidence of technical competence


* Evidence of financial capability



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5.0 SHAPES OF LICENSES AND LEASEIn accordance with the Mining Regulations 2011,

applications for exclusive licence and leases must

be submitted in conformity with the allowed

geometric shapes of polygons, and must beregular and parallel to coordinates system used in

national topographic maps. The polygons should

have a minimum dimension which is called a

CADASTRAL UNIT (also simply referred to as

SQUARE). A license polygon should always be

made up of a certain number of Cadastral Units

(CU) or squares. Consequently, the dimensions of

the sides of any polygon corresponding to the

license area will always be multiples of the size of

the Cadastral Unit. The CUs must be adjoining by

the sides not the edges (i.e. placed side by side to

each other). The polygons cannot also be

floating or placed anywhere. They must be

located coherently with pre-defined and

standardized grid.


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For Nigeria, the cadastral topographic maps of

1:50,000 scale are divided by a grid of 15 seconds

by 15 seconds (15 x 15), using the Geographic

Coordinate System (latitude/longitude: degree/

minute /seconds).

The average area of one CU (square) of 15 x 15 is

roughly 20 Hectares. That means a polygon of one

minute by one minute (1'x1') will have 16 CUs(squares) with area of about 300 Hectares (or 3

Km2).

The coordinate values limiting the licencepolygons can be obtained by direct readings from

the cadastral maps (topo-sheets of 1:50,000

scale), or by readings from the field using the

Global Positioning System (GPS) with the correct

settings (i.e. Longitude/Latitude, WGS 84 Minna

Datum).


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Applicants are required to submit their

applications for licenses together with coordinates

of either the corners of the entire polygons or CUs

applied for or of the centre of the CUs. The

coordinates will therefore have an incremental rateof 15 seconds (15) on both the x and y axes of the

polygons. There is also the need to submit survey

plans for lease applications. The Mining Cadastre

Office will generate the license plans uponacceptance of the application.


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Exampleoflicencepolygons.

Polygonswith?

arenotacceptableforapplicatio

nasonelicense

area.

1

1

1

1

?

?9

??

?

?

1

1

1

1

2

22

9

??

1

1

1

1

559??

?

?

559

4

44

4

7

3

3

3

4

4

6

7

3

3

8

8

8

?

7

7

7

8

7


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informed to effect the necessary corrections

within a period of 5 working days; and if no

response within the specified period, the

application shall be rejected without any

refund.

* After registration, the MCO shall provisionally

plot the perimeter on the cadastral maps.

* If granted a license/permit, the applicant

shall be informed and be given 2 weeks within

which to pay the Annual Service Fee (see fee

table) and collect the license/permit.

* If the applicant does not collect the

license/permit within fifteen days of

not i f icat ion, the l icense shal l be

automatically cancelled, while provisional

plotting be deleted from the cadastral maps

and shall be sanctioned from applying for the

same area or portion of it during the next

three months


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7.0 FEES

N K

1. APPLICATION PROCESSING FEE

a) Reconnaissance Permit 10,000

b) Exploration Licence 20,000

c) Small Scale Mining Lease 10,000

d) Mining Lease 50,000

e) Quarry Lease 20,000

f) Water Use Permit 10,000

2. ANNUAL SERVICE FEE (PER CADASTRE

UNIT)

a) Reconnaissance Permit FREE







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3. PROCESSING OF RENEWAL APPLICATION

N Ka) Reconnaissance Permit 10,000



d) Mining Lease 250,000e) Quarry Lease 50,000


4. PENALTY FOR LATE RENEWAL APPLICATION

a) Reconnaissance Permit 10,000





5. APPLICATION FOR ENLARGEMENT

(PROCESSING)

a) Exploration Licence 40,000

b) Small Scale Mining Lease 40,000

c) Mining Lease 40,000

d) Quarry Lease 40,000


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N K

6. APPLICATION FOR RELINQUISHMENTa) Small Scale Mining Lease 10,000

b) Mining Lease 10,000

c) Quarry Lease 10,000

d) Exploration Licence 10,000

7. APPLICATION FOR TRANSFER



c) Mining Lease 250,000d) Quarry Lease 100,000

8. APPLICATION FOR SURRENDER



c) Mining Lease 10,000

d) Quarry Lease 10,000

9. APPLICATION FOR CONSOLIDATIONa) Exploration Licence 20,000


b) Mining Lease 50,000

c) Quarry Lease 50,000


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10. APPLICATION TO ENDORSE ADDITIONAL

MINERAL

a) Exploration Licence N20,000

b) Small Scale Mining Lease N10,000

b) Mining Lease N50,000

c) Quarry Lease N10,000

11. APPLICATION FOR CERTIFIED TRUE

COPY OF LOST CERTIFICATE N10,000

12. APPLICATION FOR AMENDMENT OF

DOCUMENTS N5,000

13. SEARCH FEE/DUE DILIGENCE N50,000

14. CA DASTR E MA P IN FO RMATION

APPLICATION FOR CERTIFIED TRUE COPY OF

OTHER DOCUMENTS OTHER THAN TITLE

DOCUMENTS N2,000

NB. All Fees and Payments in the Schedule are

Non Refundable


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Madol Press Ltd. 08062287336

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